HUMAN RIGHTS FIRST: ADMINISTRATION’S LATEST IMMORAL GIMMICK — A “REGIONAL REPRESSION COMPACT” — FURTHERS PERSECUTION WITHOUT ADDRESSING ROOT CAUSES OF REFUGEE FLOW FROM NORTHERN TRIANGLE!

February 21, 2019

Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis

New York City—In response to today’s announcement that Department of Homeland Security Secretary Kirstjen Nielsen is discussing the development of a regional compact plan with Central American countries in the northern triangle, Human Rights First’s Eleanor Acer issued the following statement:

The so-called compact announced today sounds like a short-sighted and heavy-handed attempt to stop people in desperate need of safety from finding it in the United States, rather than an actual commitment to address underlying human rights violations in the region. It is yet another move from an administration that has spent the past two years dismantling the systems put in place to protect the world’s most vulnerable people.

This announcement does not reflect any commitment to address the actual root causes pushing people to seek protection—political repression, gender-based persecution, brutal murders, and other human rights violations.

The Trump Administration is enlisting the very countries that people are fleeing to prevent the escape of individuals plagued by this persecution and violence. The United States should certainly work with countries in the region to counter and prosecute smugglers and traffickers who prey on migrants and asylum seekers. This plan, however, aims to stop asylum seekers who do not employ smugglers but travel with other people for safety through dangerous territories.

Human Rights First urges the Trump Administration to implement regional strategies that strengthen the rule of law and human rights conditions in Central America, strengthen refugee protection in Mexico and other countries, and stop its efforts to block refugees from asylum in the United States.

For more information or to speak with Acer contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319

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It’s “Kakistocracy in Action” — malicious incompetence institutionalized. Certainly, Nielsen has to be the worst excuse ever for a DHS Secretary. Indeed, those who actually might threaten our security must be “licking their chops” at her continuous display of idiotic Trump sycophancy and White Nationalist lies and obsessions with bedraggled families seeking refuge while smugglers, drug traffickers, cartels, and gangs reap profits from her failed policies and take delight in her inability and unwillingness to address the real security problems.

While real human rights crises are unfolding, and real human lives are in danger, the Trump Administration dawdles away time and resources on endless “designed to fail” White Nationalist gimmicks that appear intended to enable and encourage persecution rather than addressing the problems that cause forced migration.

The Obama Administration did a genuinely lousy job of addressing the refugee and human rights issues in the Northern Triangle. But, Trump, Nielsen, and McAleenan are making to Obama group look like humanitarian geniuses by comparison.

As the great Casey Stengel once said while attempting to manage the 1962 NY Mets: “Can’t anybody here play this game?” Sadly, in the case of the Trump Administration, the answer is a resounding “No.”

Bad things happen to countries that allow themselves to be run by malicious incompetents (that is, a Kakistocracy).

As I have said before, “We Are diminishing ourselves as a nation, but that won’t stop human migration.”

Join the New Due Process Army and help restore humanity, Due Process, competence, and good government to America before it’s too late!

PWS

03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

WORLD ECONOMIC FORUM: GOOD NEWS: Migration Is Good For The World, Sending & Receiving Countries Benefit, & The Oft-Repeated Myths Of Fiscal Burdens & Wage Depression For “Host Countries” Are False — BAD NEWS: Countries With Nationalistic Leaders Who Are “Invested In The Myths” Are Unlikely To Realize The Full Potential Of Migration

https://www.project-syndicate.org/commentary/global-compact-opposition-migration-development-by-mahmoud-mohieldin-and-dilip-ratha-2019-02

On December 19, 2018, the United Nations General Assembly voted to adopt the Global Compact for Safe, Orderly and Regular Migration, with 152 votes in favor, five votes against, and 12 abstentions. Supporters hailed the Compact as a step toward more humane and orderly management of migration, yet opposition remains formidable.

The Compact is not a legally binding treaty, nor does it guarantee new rights for migrants. In fact, the Compact’s 23 objectives were drafted on the basis of two years of inclusive discussions and six rounds of negotiations, focused specifically on creating a framework for international cooperation that would not interfere excessively in countries’ domestic affairs.

Because of misunderstandings about the Compact, it is worth taking a closer look at the migration challenge – and the vast benefits that a well-managed system can bring to host countries and home countries alike.

Migration is motivated, first and foremost, by lack of economic opportunities at home. With the average income level in high-income countries more than 70 times higher than in low-income countries, it is not surprising that many in the developing world feel compelled to try their luck elsewhere.

This trend is reinforced by demographic shifts. As high-income countries face population aging, many lower-income countries have burgeoning working-age and youth populations. Technological disruption is also putting pressure on labor markets. Moreover, climate change, as indicated by a recent World Bank report, will accelerate the trend, by driving an estimated 140 million people from their homes in the coming decades.

But, contrary to popular belief, nearly half of all migrants do not move from developing to developed countries. Rather, they migrate among developing countries, often within the same neighborhood.

Moreover, return migration is increasing, a fact that is often overlooked, often because migrants were denied entry into the labor market or their work contracts ended. For example, the number of newly registered South Asian workers in the Gulf states declined significantly – by anywhere from 12% to 41% – over the last two years. Between 2011 and 2017, the number of potential returnees in Europe – asylum-seekers whose applications were rejected or who were found to be undocumented – increased fourfold, reaching 5.5 million. Over the same period, the number of potential returnees in the United States more than doubled, to over three million. Return migration from Saudi Arabia and South Africa has increased as well.

Those migrants who remain in their host countries make substantial contributions. Although the world’s estimated 266 million migrants comprise only about 3.4% of the global population, they contribute more that 9% of GDP.

To achieve this, migrants must overcome high barriers to economic success. For example, unskilled workers, especially those from poor countries, often pay very high fees – which can exceed an entire year’s income for a migrant worker in some destination countries – to unscrupulous labor agents to find employment outside their own countries. That is why the Sustainable Development Goals (SDGs) include a target to reduce recruitment costs.

Migration also delivers major economic benefits to home countries. While migrants spend most of their wages in their host countries – boosting demand there – they also tend to send money to support families back home. Such remittances have been known to exceed official development assistance. Last year, remittances to low- and middle-income countries increased by 11%, reaching $528 billion, exceeding those countries’ inflows of foreign direct investment.

Globally, the largest recipient of remittances is India ($80 billion), followed by China, the Philippines, Mexico, and Egypt. As a share of GDP, the largest recipients were Tonga, Kyrgyzstan, Tajikistan, and Nepal. The increase in remittances during 2018 was due to improvement in the labor market in the US and the recovery of flows from Russia and the Gulf States.

But the potential of remittances to support sustainable development is not being met. A major obstacle is the high cost of transferring money.

Migrants sending money home pay, on average, 7% of the total of the transfer itself, owing to weak competition in the market for remittance services – a result of stringent regulations intended to combat financial crimes like money laundering – as well as reliance on inefficient technology. Achieving the SDG target of reducing transfer costs below 3% – which would support progress toward the target of increasing the total volume of remittances – will require countries to address these weaknesses.

We are closely monitoring these often-overlooked ways that migration can support development, owing to their links to SDG indicators. But recent research busts other migration myths as well, showing, for example, that migrants neither impose a significant fiscal burden on host countries nor depress wages for lower-skill native workers.

Migration flows are increasing – a trend that is set to continue. Fragmented migration policies shaped by popular myths cannot manage this process effectively, much less seize the opportunities to spur development that migration creates. Only a coordinated approach, as envisioned in the Global Compact, can do that.

REP. DON BEYER (D-VA) IN THE HILL: There Are Strategies To Constructively Address Human Rights Problems In The Northern Triangle — A Wall Isn’t One Of Them

https://thehill.com/blogs/congress-blog/foreign-policy/431757-rep-beyer-what-i-learned-in-central-america

Rep. Breyer writes:

Last week I traveled with colleagues to Central America’s Northern Triangle — Guatemala, Honduras, and El Salvador — where we spent five days meeting with heads of state, law enforcement, business leaders, U.S. ambassadors and diplomatic staff, USAID officials, and working people.

The trip, organized by Sen. Tom Carper of Delaware, was highly informative, particularly given the ongoing debate over immigration policy, temporary protected status (TPS), trade, and other related issues.

I think my fellow travelers – Sens. Carper and Jeff Merkley (Ore.) and Reps. Lisa Blunt Rochester (Del.), Lou Correa (Calif.), and Donald Norcross (N.J.) – would agree that what we saw and heard was both depressing and encouraging.

It is clear that the top mission of our U.S. presence in these countries is changing the conditions which drive irregular migration attempts to the United States. We are attacking the corruption, especially within the governments, which undermines citizen confidence that their countries will progress.  We are training police forces to deal with both gang violence and narcotics trafficking, with significant reductions in the murder rates in all three countries.  And we are investing in the conditions necessary for economic growth, especially the training of young people for jobs that pay much more than the minimum wage.

Our top concern was the decline in presidential support for U.S. initiatives to support economic growth and improved security in the region, and the naive idea that a wall on a border more than a thousand miles north will be any disincentive for jobless people living in fear of violence. The notion that a wall would magically solve the complex problems which cause people to flee to the United States was not borne out by what we saw.

Instead, we saw again and again that when we help create conditions of the most modest prosperity, when we reduce the fear of imminent violence, and when folks believe things will get better, it greatly reduces people’s desire to emigrate to the United States.

The most effective way for us to deal with unwanted immigration is to address the root causes in the developing economies of the Northern Triangle. We have already made a significant difference, but there is so much more we can and must do.

We should begin by shifting the useless waste of taxpayer funds in a silly border wall into greater investment into the Alliance for Prosperity, into our law enforcement efforts, and into diplomacy which will ensure ever less corrupt and more responsive governments.

My colleagues and I will be sharing these lessons with our colleagues this week, as Congress takes up a measure to reject the president’s fake national emergency, and beyond it as we look for humane, practical solutions to improve our immigration system and our relationships with these nations.

Beyer represents Virginia’s 8th District.

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There are many other things that we could do, both internationally and domestically, to address the current humanitarian situation in the Northern Triangle. The money that the Trump Administration is happy to waste on a wall, unnecessary and inhumane detention, and the unneeded stationing of troops on the border could actually support much more reasonable and effective approaches that would comply with the law, rather stretching and often breaking it.

We need a better government by better people. Join the New Due Process Army and help end the Trump Kakistocracy.

NOTE:  Don Beyer is our Representative.

PWS

03-06-19

IN MATTER OF A-B-, SESSIONS DISINGENUOUSLY SUGGESTED SALVADORAN POLICE COULD PROTECT ABUSED WOMEN – THE TRUTH IS STARKLY DIFFERENT: American-Trained Cops Flee El Salvador Because Gangs Are In Control – Ex-Cops Granted Asylum While Helpless DV Victims Sent Back To Face Deadly Abuse – Trump Administration Continues To Pervert Asylum Law!

https://www.washingtonpost.com/world/the_americas/its-so-dangerous-to-police-ms-13-in-el-salvador-that-officers-are-fleeing-the-country/2019/03/03/e897dbaa-2287-11e9-b5b4-1d18dfb7b084_story.html

Kevin Sief reports in WashPost:

They were given one of the most dangerous tasks in policing: Take down MS-13.

They were bankrolled by the United States and trained by FBI agents. But members of the Salvadoran police have been killed by the dozens in each of the past three years, most in attacks that investigators and experts blame on MS-13, an international street gang. At least nine officers were killed in the first month of this year.

Now, a number of El Salvador’s police officers are fleeing the gang they were tasked with eliminating.

There is no list in either El Salvador or the United States of Salvadoran police officers who have fled the country. But The Washington Post has identified 15 officers in the process of being resettled as refugees by the United Nations and six officers who have either recently received asylum or have scheduled asylum hearings in U.S. immigration courts. In WhatsApp groups, police officers have begun discussing the possibility of a migrant caravan composed entirely of Salvadoran police — a caravana policial, the officers call it.

The exodus of Salvadoran police points to how the country’s security forces have failed to break the stranglehold of organized crime. It also shows that among those seeking refuge in the United States during the Trump administration are some of America’s closest security partners.

“These are among the most vulnerable people in El Salvador,” said Julio Buendía, the director of migration at Cáritas El Salvador, a nonprofit organization that works with the United States and United Nations on refugee resettlement.

The United States has been bolstering the Salvadoran police, part of a regional strategy intended to stabilize Central America’s most violent countries and reduce migration. The State Department spent at least $48 million to train police in El Salvador, Guatemala and Honduras from 2014 through 2017, according to the Government Accountability Office.

The department opened a law enforcement training academy in San Salvador, where 855 Salvadoran officers were trained by the FBI and other American law enforcement agencies in those four years.

“The Salvadoran government, with U.S. government support, has made significant gains in the area of security, including reductions in homicides and every other category of violent crime measured,” the State Department said in a statement issued in response to an inquiry by The Post.

Citing “privacy reasons,” the department would not comment on whether it was receiving asylum or refugee applications from Salvadoran police officers.

By some measures, the U.S.-backed security efforts appeared to be showing results. In 2018, El Salvador’s murder rate was 50.3 per 100,000 inhabitants. That was still among the highest in the world, but it was down from 60.8 per 100,000 in 2017 and 81 per 100,000 in 2016.

MS-13 was born in Los Angeles in the late 1970s, expanding as more Salvadorans arrived in the United States after fleeing the country’s civil war. The group splintered, with Barrio 18 becoming a chief rival, and both groups grew in American prisons before reaching El Salvador through mass deportations. Between 2001 and 2010, the United States deported 40,429 ex-convicts to El Salvador, according to the Department of Homeland Security.

El Salvador’s government adopted an “iron fist” response to the gangs, including more police operations. When that approach failed, it tried to broach a truce with the gangs in 2014. The pact quickly disintegrated and was followed by another surge in violence. It was then that the gangs began to explicitly broadcast their threats against police officers.

“If you kill a ‘pig,’ or a police officer, you’re more respected in these gangs. That’s the policy — using death as exchange currency,” said Héctor Silva Ávalos, a journalist and researcher who has written a book on the Salvadoran police and has served as an expert witness at several asylum hearings for former police officers in the United States.


A man with an MS-13 tattoo is detained by Salvadoran security forces during an operation in San Salvador in January. (Marvin Recinos/AFP/Getty Images)

With salaries of $300 to $400 per month, the low-level police officers who make up the majority of the force often have no choice but to live in neighborhoods vulnerable to gangs. And so, in the vast majority of the cases, police officers are killed when they are home from work or are on leave.

In August, Manuel de Jesús Mira Díaz was killed while buying construction materials. In July, Juan de Jesús Morales Alvarado was killed while walking with his 7-year-old son on the way to school. In November, Barrera Mayén was killed after taking leave to spend time at home with his family.

The police investigated a number of the killings since 2014 and found members of the major gangs responsible.

“They have more control than we do. When we go home, we’re in neighborhoods where there’s one police to 100 gang members. We’re easy victims,” said one officer in the country’s anti-gang unit, who, after being threatened by MS-13 in his home, is awaiting refugee status from the United Nations. He spoke on the condition of anonymity out of fear for his safety.

An MS-13 member killed a man on a New York subway platform. The gang dates back to the 1970s.

Police arrested a 26-year-old man, who they said is an MS-13 member, after he fatally shot an alleged rival gang member Feb. 3 in Queens.

Complicating their response to the threats, Salvadoran police are also not legally allowed to take their weapons home with them.

“I bring it home anyway. I sleep with it on my waist,” said a female officer, who is awaiting refugee status from the United Nations and spoke on the condition of anonymity out of fear for her safety. “My husband and I take turns sleeping. We know they are going to come for us.”

Many units in the Salvadoran police are forbidden to wear balaclavas to conceal their identities. In anti-gang units, officers are allowed to wear such masks during operations, but they are frequently asked to testify in court, where they must show their faces and identify themselves by name while gang members look on.

In 2017, El Salvador’s attorney general, Douglas Meléndez, urged the government to do more to protect off-duty police, asking the parliament to pass a “protection law” for police and soldiers that would also provide funding to protect their families. The law was never passed.

Last month, security concerns played a central role in a presidential election won by San Salvador’s 37-year-old former mayor, Nayib Bukele. At least 285 people were killed in January, leading up to the vote, which many saw as the gangs’ attempt to leverage their influence amid the election campaign. In a security plan leaked to the Salvadoran news media, Bukele’s campaign wrote: “The expansion of these criminal groups is undeniable, as is the impact on the lives of ordinary citizens.”

In response to the targeting of police officers this year, El Salvador’s police chief introduced a policy: For their own protection, officers were not allowed to return to their homes. The police chief declined multiple interview requests.


Suspects are detained by police in a neighborhood in San Salvador dominated by MS-13. (Marvin Recinos/AFP/Getty Images)

Many officers, feeling unprotected by their own force, have said their only option is to leave the country.

Organizations that work with the United Nations to resettle Salvadoran refugees in the United States say they have found more and more police officers arriving unannounced at their offices. In addition to the 21 asylum seekers and refugees identified by The Post, several others have recently arrived in Spain and Mexico, according to news reports, applying for humanitarian visas or other forms of protection. Lawyers for police officers and many officers themselves say that far more officers are preparing to flee.

One of the cases that Buendía, the migration director of Cáritas, referred to the United Nations High Commissioner for Refugees is an officer who survived two attacks while off duty. First, he was shot eight times by suspected gang members; then, two years later, he was shot four times. The officer pleaded for protection from his commander.

Buendía included a letter from the commander in the officer’s refugee application. “There’s nothing we can do for you,” the commander wrote. “You need to protect yourself.”

A police spokesman declined to comment on the letter.

In one case, concerning a police officer now applying for asylum in U.S. immigration courts, gang members threatened to kidnap the officer’s child at an elementary school in rural El Salvador.

“That’s not what these guys signed up for. It’s one thing to be shot at on the job. It’s another for your family to be targeted while you’re off duty,” said Emily Smith, the attorney representing the officer.

Lawyers such as Smith who are representing the officers typically try to explain to immigration judges that as former police officers, their clients would be persecuted if they were forced to return to El Salvador. But the attorneys are also aware of how narrowly U.S. asylum law can be applied, and that the courts are unlikely to grant asylum to all former officers.

“What we chose to do is focus on the specific threats facing our client,” said Patrick Courtney, who last year represented a Salvadoran officer who had been physically assaulted in his home before fleeing. “We focused on his anti-gang views, on the fact that the threats were directed at him individually.”

Courtney’s client was granted asylum late last year. They discussed where he would live in the United States, and what he would do next. The former officer had only one goal: He wanted to join the United States military.

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Former policemen have been recognized by BIA precedent as a “particular social group” for asylum for many years. Matter of Fuentes, 19 I&N Dec. 658 (BIA 1988). However, in their rush to deny asylum to Central Americans, particularly under  this xenophobic Administration, some U.S. immigration Judges and BIA panels simply choose to ignore precedent or to manufacture other reasons to deny asylum.

Granting asylum to endangered former police officers clearly is appropriate; but, granting it to the women targeted because of their gender whom those police cannot protect is equally required. Nevertheless, Sessions simply “streamrolled” the asylum law in Matter of A-B-.

While some U.S. Immigration Judges have recognized that even A-B-, properly read without regard to its pernicious dicta, leaves plenty of room for protecting refugee women who have suffered or fear domestic violence, others, and a number of BIA “panels” have jumped on the “Sessions deportation express.” I wouldn’t count on new AG Bill Barr to restore justice to this system, particularly since he has retained some of Sessions’s worst and most unqualified henchmen on his staff.

That’s why we need a legitimate, independent Immigration Court system not beholden to prejudiced “enforcement only” officials in the DOJ and the Executive Branch. It’s also time for a better and wiser Congress to specifically write gender into the asylum law to guard against this and future scofflaw Administrations who seek to inflict cruelty and injustice on some of the most vulnerable and deserving among us.

PWS

03-04-19

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

**********************************************

Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19

TRUMP’S DUMB & UNLAWFUL POLICIES INCREASE ILLEGAL BORDER CROSSINGS & UNNECESSARILY ENDANGER REFUGEES — The DHS Lies By Calling Them “Illegitimate Asylum Seekers” & Dishonestly Implying That Their Claims Aren’t Legitimate — In Fact, Asylum Seekers Have A Right To Apply At The Border That Trump Is Unlawfully Denying — They Also Have A Legal Right To Apply Regardless Of How They Enter!

https://www.nbcnews.com/politics/immigration/trump-restricted-flow-border-more-migrants-trying-sneak-through-undetected-n976356

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Undocumented immigrants are increasingly choosing to cross the U.S. border illegally rather than waiting in line to claim asylum at legal ports of entry, according to U.S. Customs and Border Protection data obtained by NBC News.

Immigration lawyers and rights advocates say asylum seekers are opting for illegal crossing because they are growing frustrated with waiting lines caused by Trump administration policies. Advocates say immigrants who might otherwise have presented themselves at legal ports are now going between entry points where, if caught, they can remain in the country while awaiting an asylum hearing.

In recent months, CBP has restricted the number of immigrants who can be processed for asylum at ports of entry and has begun turning back asylum seekers, who must now wait in Mexico while their cases are decided.

CBP data shows that at the same time, the proportion of immigrants caught crossing illegally rather than through legal ports of entry has been rising.

It climbed from 73 percent of border crossings between October 2017 and January to 2018 to 83 percent for the same period ending this January 31. The percentage reporting to legal ports of entry, meanwhile, dropped from 27 percent to 17 percent, even as the overall number of border crossings rose sharply, according to the data.

An official from the Department of Homeland Security, of which CBP is a part, said those abandoning legal entry points may not have legitimate asylum claims.

“The fact that illegitimate asylum seekers may be abandoning efforts at our [ports of entry] means that legitimate asylum seekers at the [ports of entry] can receive protections far more quickly — which has been our goal from the start,” said the DHS official. The department declined to comment on the record.

WAITING IN TIJUANA

In January, U.S. officials finalized a deal with Mexico that forces asylum seekers who present themselves at the legal port of entry in San Diego back across the border to Tijuana. There they must wait months or years, often in unsafe and unsanitary conditions, while an American immigration judge determines whether asylum can be granted. The policy, known as Remain in Mexico, may soon spread to other ports of entry if Mexico agrees to shelter the immigrants at other locations.

Illegal crossers, meanwhile, do not have to wait in Mexico, even if they are caught. Two DHS officials told NBC News that there are no plans to send asylum seekers back across the border if they are caught crossing illegally, primarily because the Mexican government lacks the infrastructure to shelter them at what are often remote points.

If they are caught and do not claim asylum or pass the initial asylum screening, procedure requires that they are flown back to their home countries. Most current border crossers are not from Mexico but from Honduras, Guatemala and El Salvador.

Immigration advocates and lawyers say immigrants are being warned about the conditions in cities like Tijuana and are increasingly choosing to risk apprehension by the Border Patrol while crossing into the U.S. illegally instead of waiting in Mexico.

Michelle Brané, director of the Women’s Refugee Commission, said 9 out of 10 immigrants she spoke to in CBP custody would tell her and her staff they made the choice to cross illegally after other migrants told them the line to enter legally would mean a long wait in a dangerous place.

“They would say, ‘There was a line and they told me I would get turned away,’ or, ‘People told me it’s too dangerous and you can’t get in that way,'” Brané said.

The most notorious line is in Tijuana, where thousands of immigrants have waited in shelters and tent camps since last fall, hoping to claim asylum to enter San Diego.

Immigrants in Tijuana keep what is known as “la lista,” or the list, to decide who can approach the U.S. border each day to claim asylum, according to affidavits by immigration lawyers. Due to a U.S. policy known as metering, only about 40 to 100 immigrants per day are permitted to enter. CBP is only permitting a maximum of 20 migrants per day to cross into Eagle Pass, Texas, where another group of about 1,800 immigrants has recently arrived.

DHS says metering is a result of only being able to process so many asylum seekers per day, due to limited resources. However, the Trump administration has not increased its manpower for processing asylum claims at the border, though it has increased border enforcement officers and numbers of military troops.

A CALCULATED RISK

The number of undocumented immigrants attempting to enter the U.S. from Mexico is not near levels seen in the early 2000s. But the overall number of undocumented immigrants crossing the southern border has risen since a year ago. From October 2017 to January 2018, according to CBP figures, 150,346 crossed the border, a number that surged to 242,667 in the same four-month period ending in January 2019.

The biggest surge has come in the numbers who are crossing illegally. CBP apprehended more than 200,000 crossing illegally between October 2018 and this January, compared to 109,543 a year earlier — nearly doubling the total of illegal crossings.

Working with asylum seekers in Tijuana in December, Kennji Kizuka, senior researcher and policy analyst at Human Rights First, said he saw some immigrants grow frustrated with the wait and try their luck at crossing illegally.

“People were leaving and saying they were about to cross. They had just given up on waiting their turn to get on the list after finding out how long it was and how many months they would be there and how horrible the conditions were,” Kizuka said.

But crossing between legal ports of entry also comes with dangers.

Late last year, two children who crossed with their parents died in CBP custody after being picked up in remote areas after making long journeys, where access to water and other basic needs are severely limited.

Border Patrol Chief Carla Provost told Congress on Tuesday that for the first time in U.S. history, families and unaccompanied children make up 60 percent of those arrested between ports of entry. Also, Provost said border patrol is noticing that families and unaccompanied children are traveling in larger numbers: Nearly 68 groups ranging from 100-350 so far in 2019, compared to 13 last year and two the year prior.

Immigration advocates say the large groups are due in part to a “safety in numbers” strategy as families and children are being warned about the dangers not only on the journey but as they await entry to the U.S. in northern Mexico.

SYSTEMIC FAILURE: 9TH Circuit’s Most Recent Reversal Of BIA Demonstrates Disturbing Lack Of Basic Judicial Competence At All Levels Of EOIR – But, Even The 9th’s Rebuke Misses The Real Point – There Can Be No Due Process In Complex Cases Of This Type Without Legal Representation! – Arrey v. Barr

Arrey v Barr — 9th — Firm Resettlement

Arrey v. Barr, 9th Cir., 02-16-19, Published

SUMMARY BY COURT STAFF:

The panel granted in part a petition for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture to a citizen of Cameroon, and remanded.

The panel rejected petitioner’s contention that she was deprived of her due process right to a full and fair hearing based on the denial of her right to retained counsel and an unbiased fact finder. The panel held that the IJ in this case provided petitioner reasonable time to locate an attorney, where the IJ provided several continuances so she could do so, warned her repeatedly that he would not grant further continuances, and attempted to call her attorney when he failed to appear on the day of her merits hearing. The panel also held that although the IJ was rude and harsh with petitioner, petitioner failed to establish that the IJ’s conduct prejudiced her, where the IJ held a complete hearing and made a thorough decision that fully examined the underlying factual matters, and any potential prejudice caused by the IJ’s questionable adverse credibility determination was cured by the Board’s subsequent decision assuming the credibility of petitioner’s testimony in full.

The panel held that the Board committed three legal errors in its application of the firm resettlement bar, which precludes asylum relief if an applicant was firmly resettled in another country prior to arriving in the United States. First, the panel held that the Board erred by failing to consider whether the conditions of petitioner’s offer of resettlement in South Africa were too restricted for her to be firmly resettled. Second, the panel held that the Board erred by applying the firm resettlement rule not as a mandatory bar to petitioner’s asylum claim, but instead as a limitation on the evidence the Board considered in support of her claim for relief from removal to Cameroon, thus causing the Board to improperly ignore evidence of the abuse petitioner suffered in Cameroon before fleeing to South Africa, as well as evidence of the nature of her relationship with her abuser. Third, the panel held that the Board erred by applying the firm resettlement bar to petitioner’s withholding of removal claim, which is not subject to the firm resettlement bar.

Turning to petitioner’s CAT claim, the panel held that substantial evidence did not support the Board’s determination that petitioner could avoid future harm through internal relocation in Cameroon.

The panel remanded petitioner’s asylum, withholding, and CAT claims for further proceedings consistent with its opinion.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

 

PANEL: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and Frederic Block,* District Judge.

* The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation.

OPINION BY:  Judge Gould

KEY QUOTE:

Petitioner Delphine Arrey petitions for review of the Board of Immigration Appeals’ (“BIA” or “Board”) decision dismissing her appeal of an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We conclude that the IJ did not deny Arrey her due process rights to counsel and an unbiased factfinder. As to Arrey’s asylum and withholding of removal claims, we conclude that the Board erred as a matter of law in its analysis and application of the “firm resettlement” rule. As to Arrey’s claim for relief under CAT, we conclude that substantial evidence does not support the Board’s determination that Arrey could safely relocate in another area of Cameroon. We grant the petition in part and remand for reconsideration of Arrey’s claims consistent with our opinion.


**************************************************

Even the 9th Circuit “blew” the fundamental issue here: No matter how annoying the respondent’s conduct might have been, there was no way to conduct a fair hearing in a case of this complexity without counsel present.  

From this recitation of facts, it’s pretty obvious that the respondent had no idea what “firm resettlement” was or how the process for proving or disproving it worked. Going ahead with the hearing created a miscarriage of justice that simply wasted time by going all the way the 9th Circuit and then being returned for competent judicial adjudication applying the correct standards. Haste makes waste.

And the overwhelming backlog that obviously was on the judge’s mind here was not created by this respondent and her attorney; no, it primarily results from “aimless docket reshuffling,” poor administration, Congressional neglect, and “designed to fail policies” by politicos in the DOJ (under the improper and unethical political influence of the DHS) which went into “overdrive” under Sessions.

Getting to the merits, beyond apparently correctly setting forth the respondent’s name and “A number,” the Immigration Judge and the BIA got largely everything else in this case wrong! The basic errors range from a “clearly erroneous” adverse credibility ruling, to a legally incorrect standard for “firm resettlement,” to an idiotically nonsensical ruling that “threats and one attempted assault of rape” did not “rise to the level of persecution” (cases involving these facts were routinely granted by the BIA during my tenure and, to my knowledge, were uniformly granted by IJs in Arlington; indeed, I can’t even imagine an ICE Assistant Chief Counsel during my tenure in Arlington arguing the contrary), to wrong evidentiary determinations, to another completely nonsensical finding on internal relocation.

In other words, this was a “rubber stamp” by BIA “judges” of a staff attorney’s writeup with canned “any reason to deny” language. It was not a fair and impartial adjudication by an “expert” group of appellate judges.

Far from it. If a student had turned this in as an exam answer to a hypothetical case on my Georgetown Law final exam, it would have received “zero credit.” So, how is it “OK” to have a system where individuals in what are supposed to be senior judicial positions, requiring great expertise in immigration, asylum, and human rights law, perform in a manner that would have been deemed unacceptable for L2s and L3s?

It isn’t; and it’s up to the Article III Courts and Congress to get some backbone and some integrity and put an end to this travesty. Yeah, this is “only one case.” But, it involves a human life. Cameroon is a horrible country; credible Cameroonian asylum cases were routinely granted in the Arlington Immigration Court, normally without appeal by ICE.

And for every case where a respondent is lucky enough to get a “Court of Appeals intervention,” dozens of individuals, many without lawyers or the faintest knowledge of what’s happening, are “railroaded” through this fundamentally unfair and constitutionally defective system. This, rather than the bogus wall, or an influx of desperate refugee families seeking asylum, is our true “national emergency” involving immigration: The disdain by our current Administration for the rule of law, human rights, judicial quality, simple human decency, and Due Process of Law under our Constitution! 

Congrats to Attorney Ron Richey, an “Arlington Immigration Court regular,” who appeared before me many times, for fighting for due process and justice in another jurisdiction. You are an inspiration to all of us in the “New Due Process Army!”

PWS

03-01-19

INSIDE THE ADMINISTRATION’S “KIDDIE GULAG:” Thousands Of Allegations Of Sexual Abuse Surface!

https://www.cnn.com/2019/02/26/politics/hhs-documents-minors-sexual-abuse/index.html

Sophie Tatum reports for CNN:

Washington (CNN)The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.

In addition,1,303 complaints were reported to the Justice Department during that same time frame, according to the documents.
Deutch addressed the documents during a high-profile House hearing Tuesday on the Trump administration’s “zero tolerance” policy that resulted in thousands of immigrant children being separated from their parents.
He said that the documents “demonstrate over the past three years, there have been 154 staff on unaccompanied minor, let me repeat that, staff on unaccompanied minor allegations of sexual assault.”
“This works out on average to one sexual assault by HHS staff on unaccompanied minor per week,” he added.
Axios first reported the documents.
“I am deeply concerned with documents that have been turned over by HHS that record a high number of sexual assaults on unaccompanied children in the custody of the Office of Refugee and Resettlement,” Deutch said. “Together, these documents detail an environment of systemic sexual assaults by staff on unaccompanied children.”
HHS spokesperson Caitlin Oakley addressed the reports in a statement, saying minors’ safety is a “top concern,” and noted that there are “rigorous standards” in place for employees, which include mandatory background checks.
“These are vulnerable children in difficult circumstances, and ORR fully understands its responsibility to ensure that each child is treated with the utmost care. When any allegations of abuse, sexual abuse, or neglect are made, they are taken seriously and ORR acts swiftly to investigate and respond,” Oakley said.
At the hearing Tuesday, HHS’ US Public Health Service Commissioned Corps commander, Jonathan White, defended his agency against accusations of sexual abuse when asked by Rep. Tom McClintock, a California Republican, to respond to allegations that they were all “but serial child molesters” during a “drive-by slander a few minutes ago.”
“We share concern that I think everyone in this room feels. Anytime a child is abused in the care of ORR is one too many,” White said.
He added that “the vast majority of allegations prove to be unfounded when they are investigated by state law enforcement and federal law enforcement and the state licensure authorities to whom we refer them.”
“It is important to note that I am not aware of a single instance anywhere of an allegation against the ORR federal staff for abuse of a child,” White said.
Some of the incidents that were reported to the Justice Department included allegations against staff members who were accused of having relationships with minors, unwanted sexual touching and showing the minors pornographic videos, according to Axios. Axios also reported that of the thousands of complaints, there were 178 accusations against the adult staff.

******************************************

The Administration’s responses sound like a cover up to me. And they were “coaxed out” by GOP Reps who appear eager not to have the abuses engendered by the Administration’s toxic immigration enforcement policies fully vetted. Seems doubtful, based on my decades of Government experience, that “where there are 4,500 reports of smoke, there are no fires.”

Additionally, lawyers from the DOJ were still in court this week advancing specious and disingenuous arguments for avoiding responsibility for unconstitutional child separation that their clients had intentionally caused.

In fairness, these problems also existed under the Obama Administration. But, faced with extensive evidence of a broken system, the Trump Administration “doubled down” on problematic practices.

Eventually, there will be accountability for the detention disaster. And, when it happens both the responsible officials and the GOP legislators who are trying so hard to cover up the truth should face a reckoning.

PWS

02-27-19

PERSPECTIVE: OUR FAILED IMMIGRATION ENFORCEMENT POLICIES LOOK JUST AS DUMB, SHORT-SIGHTED, & CRUEL FROM THE OTHER SIDE OF THE BORDER!

https://apple.news/

Looking at deportation from south of the border, I saw our own flawed attitudes about migration more clearly

February 25, 2019

While reporting on deported Mexicans in that country’s capital, I saw the human cost of our failure to develop a thoughtful immigration policy.

By

By Tyrone Beason

Times staff reporter

MEXICO CITY — For the thousands of Mexicans who’ve been deported from the United States and who’ve chosen to rebuild their lives in this massive capital city, America represents “el otro lado,” Spanish for “the other side.”

On our side of the U.S./Mexico border, from Florida to Washington state, these repatriated Mexicans left behind jobs, loved ones and community ties.

On our side, they experienced the chaos and coldness of America’s immigration and deportation system, one that has shown little interest in broken families and the loss of economic viability, or the relative unsafety and cultural hostility toward migrants of all kinds that deported people face after returning to their native country.

Earlier this month, two of my Times colleagues and I traveled here, to the other side of America’s border crisis, to learn about life after deportation. The stories we heard, the hardships we came to understand and the grass roots efforts we learned about will all be presented soon in a special package in The Times.

But before I write about that, I wanted to write about the strange context in which we did our reporting.

There we were covering the real-life experience of being kicked out of the United States, during the same week that our president declared a state of emergency to prevent an imaginary army of Mexican and Central American migrants from barging in.

The way President Donald Trump describes it, we are at war with craven invaders who don’t want to play by America’s immigration rules.

From the vantage point of Mexico City, though, it seemed as if America had plunged deeper into a war with itself, in part because it can’t come up with sensible rules for a nation that has been built and sustained by immigrants and migrant workers — both free and captive.

People who live and work in the United States without legal documents do represent a special category of migrant, and they certainly know the risks.

But as I sat and listened to returnees in Mexico City — who had migrated to the United States with their families when they were minors, or who started their own families while on American soil in the years before being deported — the trauma of deportation and the complexity of the rebuilding process seemed more real.

We are good at sending people “back where they came from” for the crime of being here without papers and sometimes for committing other offenses that result in being considered unfit for legal residency. What we are not so good at is considering the possible injustice of forcing people back into countries that may not be equipped to reintegrate them, that may not even want to welcome them home, and that for all intents and purposes may not feel like “home” anymore.

Mexico City — a teetering metropolis that sits at an elevation of 7,300 feet and that’s more than 20 million people strong — is a hard place to navigate even for those who were born here and never left. It’s especially challenging for those who left years ago in search of a better life in America and now find themselves back here and needing to start over, in a city dealing with issues like poverty and corruption.

We met repatriated Mexicans who spoke like homies from around the way, who shook my hand with the soul-brother salute, who talked about the United States as if they had been born wrapped in red, white and blue, who are proudly making it work in the land of their ancestors while also displaying the spirit of their adoptive motherland up north.

In deportation cases, the decision can seem pretty cut-and-dry: Should they stay or should they go?

On the ground in the beautiful cacophony that is Mexico City, the overcrowded and smoggy incubator of dreams big and small, everything was a blur and there were nothing but gray areas.

It’s so easy in our society to portray immigrants who carry proper documentation as “good” and those who don’t have those documents as “bad,” but when our government behaves as if it doesn’t care about the aftereffects of the decision to expel someone from our soil — which seems to be the case right now — it is our character that’s in question.

Trump’s wall is not the only story. And immigration isn’t our only crisis.

We have a responsibility to be careful about who we let into this country, to be sure. But we also have to find a way to more humanely manage the detention, departure and reintegration of those we send away — to see them as human beings even when they have violated the integrity of our borders.

We can act as if the fate of undocumented migrants isn’t our problem, that they shouldn’t have come here under those circumstances in the first place.

But if we deal with the original sin of entering the United States illegally in such a clinical way, we will be committing the equal sin of heartlessness when humanity is due.

Justice is never truly blind.

Because of that, as we think about deportation, we should view this tough journey with our eyes wide open.

*********************************************

Callous treatment of those who might once have thought of our country as “home” is never a good idea. Not fully considering the human and political consequences of our own actions is the height of arrogance. It says to the world “who cares about others and what they think — we can do as we please because we’re the biggest and richest bullies on the block.”

Under Trump, the U.S. is faltering on most foreign policy fronts, unnecessarily alienating our potential friends and allies and “sucking up” to the worst and most dangerous strongmen in the world while getting little of verifiable value in return (notably, one of the worst among them, Putin, helped install Trump in his current position).

No country remains “on the top of the heap” forever. And, as our power and influence begin to wane under Trump’s erratic and incompetent hand, we might someday soon find that we need all the friends we can get, even outside our border, to maintain and regain our position and prestige in the world. Just ask the Brits about the perils of “going it alone” — or letting national policies be driven by irrational and self-defeating nativist sentiment.

PWS

02-26-19

 

BIPARTISAN GROUP OF 58 NATIONAL SECURITY EXPERTS “CALLS B.S.” ON TRUMP’S BOGUS NATIONAL EMERGENCY!

https://www.washingtonpost.com/world/national-security/former-senior-national-security-officials-to-issue-declaration-on-national-emergency/2019/02/24/3e4908c6-3859-11e9-a2cd-307b06d0257b_story.html

Ellen Nakashima writes in the Washington Post:

A bipartisan group of 58 former senior national security officials issued a statement Monday saying that “there is no factual basis” for President Trump’s proclamation of a national emergency to build a wall on the U.S.-Mexico border.

The joint statement, whose signatories include former secretary of state Madeleine Albright and former defense secretary Chuck Hagel, comes a day before the House is expected to vote on a resolution to block Trump’s Feb. 15 declaration.

The former officials’ statement, which will be entered into the Congressional Record, is intended to support lawsuitsand other actions challenging the national emergency proclamation and to force the administration to set forth the legal and factual basis for it.

Albright served under President Bill Clinton, and Hagel, a former Republican senator from Nebraska, served under President Barack Obama.

Lawmakers argue over Trump’s national emergency declaration

Republican Sen. Lindsey O. Graham (R-S.C.) said he supported President Trump’s national emergency declaration to build the wall Feb. 17.

Also signing were Eliot A. Cohen, State Department counselor under President George W. Bush; Thomas R. Pickering, President George H.W. Bush’s ambassador to the United Nations; John F. Kerry, Obama’s second secretary of state; Susan E. Rice, Obama’s national security adviser; Leon E. Panetta, Obama’s CIA director and defense secretary; as well as former intelligence and security officials who served under Republican and Democratic administrations.

Trump’s national emergency declaration followed a 35-day partial government shutdown, which came after Congress did not approve the $5.7 billion he sought to build a wall.

In announcing his declaration, Trump predicted lawsuits and “possibly . . . a bad ruling, and then we’ll get another bad ruling” before winning at the Supreme Court.

Trump’s actions are also drawing criticism from at least two dozen former Republican congressmen, who have signed an open letter urging passage of a joint resolution to terminate the emergency declaration. The letter argues that Trump is circumventing congressional authority.


A secondary border wall is under construction in Otay Mesa, Calif. (Sandy Huffaker/Getty Images)

The former security officials’ 11-page declaration sets out their argument disputing the factual basis for the president’s emergency.

Among other things, they said, illegal border crossings are at nearly 40-year lows. Undetected unlawful entries at the U.S.-Mexico border decreased from 851,000 to nearly 62,000 between 2006 and 2016, they said, citing Department of Homeland Security statistics.

Similarly, they state that there is no drug trafficking emergency that can be addressed by a wall along the southern border, noting that “the overwhelming majority of opioids” that enter the United States are brought in through legal ports of entry, citing the Justice Department.

They also argue that redirecting money pursuant to the national emergency declaration “will undermine U.S. national security and foreign policy interests.” And, they assert, “a wall is unnecessary to support the use of the armed forces,” as the administration has said.

Their views were filed as a joint declaration and later as a friend-of-the court brief in lawsuits challenging the original order and subsequent revisions, and it was cited by almost every federal judge who enjoined the ban. By the time the challenges reached the Supreme Court, the administration had significantly narrowed the ban, which the high court upheld on a 5-to-4 vote.

With respect to the declared national emergency, plaintiffs have filed two cases in the District of Columbia, two in California and one in Texas.

**************************************

It definitely will be worth noting for posterity those in the GOP who vote to sell out America by failing to stand up to Trump’s bogus national emergency ploy.

We also shouldn’t forget that if the GOP weren’t willing to sell out America because of fear of the “Off-base Trump Base” the vote to overturn his national emergency would be overwhelming and thereby “veto-proof.” A body that won’t stand up for its own Constitutional prerogatives, isn’t likely to strand up for the rights of anyone else.

PWS

02-26-19

INSIDE THE “NEW AMERICAN GULAG:” Conditions Are Cruel, Inhuman, Degrading, & Life-Threatening — Why Are We Funding The Perpetrators, Rather Holding Them Accountable & Demanding An End To Human Rights Abuses In America?

https://www.latimes.com/opinion/op-ed/la-oe-saadi-immigration-health-care-detention-facilities-2019025-story.html

Altaf Saadi, M.D., writes in the LA Times:

This week, a 45-year-old immigrant in the U.S. illegally died in Border Patrol custody. His death follows the December deaths of 7-year-old Jakelin Caal and 8-year-old Felipe Alonzo-Gomez in United States immigration custody, both of which prompted demands for improving healthcare for immigrants in detention.

As a physician who has evaluated dozens of individuals in Immigration and Customs Enforcement detention for legal groups and human rights organizations, I know that high-profile deaths are only one small piece of the story of severely substandard healthcare in America’s immigration detention system.

For example, in one detention center I met and reviewed the medical records of a man who had been thriving and holding steady employment for years while on schizophrenia medications. Then he was picked up and detained by ICE. In detention, he told me, ICE personnel abruptly stopped his medications. After a nearly two-week delay, an alternative medication was prescribed, but it was not as effective. His mental health deteriorated, and he experienced worsening auditory hallucinations and suicidal thoughts. He attempted suicide four times.

Media reports of high-profile deaths capture only a sliver of the human rights violations occurring in detention.


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Another individual I met with and whose medical records I reviewed had longstanding hypothyroidism, but ICE failed to provide her with thyroid medication in detention. When she was first hospitalized for worsening mental health, her thyroid hormone level was 60 times higher than normal. Despite the hospital medical team’s explicit instructions, ICE still failed to provide her thyroid medication when she returned to detention. It was not until a second hospitalization, again with a critically abnormal thyroid hormone level, that she finally received her medication.

I also met with a man who had developed a stomach ulcer and vomited blood after ICE medical personnel gave him ibuprofen repeatedly for back pain — even though he had reported symptoms of severe heartburn. Any physician applying the proper standard of care would know to minimize prescribing ibuprofen to an individual with severe heartburn.

The kinds of problems I saw are in keeping with the type repeatedly documented by immigrant advocates, filed in litigation and contained in the government’s own reports. According to Freedom for Immigrants, a national advocacy group seeking to end immigration detention, the top complaint they hear from detained immigrants is medical neglect.

In addition, multiple Department of Homeland Security inspector general reports have concluded that detention facilities repeatedly fail to comply with federal standards, including those requiring adequate healthcare. In 2017, a report noted delays in the provision of healthcare and a lack of adequate documentation. And the problems extend beyond healthcare. A report in January 2019 cited more than 14,000 deficiencies found during inspections of 106 immigrant detention facilities nationwide between October 2015 and June 30, 2018.

Substandard conditions can significantly harm an individual’s health. Many of the individuals I met with said they experienced sleep deprivation from lights being kept on 24 hours a day. Some said they had to wear dirty prison uniforms that caused urinary and vaginal infections. Others complained of being served rotten or inadequate food, a violation of standards that has been repeatedly documented in inspection reports.

Some detainees also reported verbal and physical abuse by guards, which can significantly worsen the mental health of immigrant detainees. For example, during one of his acute mental health crises, the schizophrenic man I interviewed recalled banging his body against a wall as he wrestled with voices telling him to kill himself. He said a guard referred to his distress as a “tantrum” and told him to “get over it.”

Other detainees told me that staff used frequent racial epithets and also referred to them as “crazies,” or “Loony Tunes,” or “trash.” As one detainee put it: “They see us not like human but as animals here.”

Media reports of high-profile deaths capture only a sliver of the human rights violations occurring in detention. None of the patients I interviewed died from the dangerous neglect they experienced, and so their experiences didn’t garner headlines. But their experiences were dangerous — and not uncommon. We need to hold the U.S. government accountable not just for the deaths that occur of immigrants in their custody, but also for the neglect and abuse that can lead to or exacerbate serious health problems.

Altaf Saadi is a neurologist, clinical instructor of medicine, and fellow at the National Clinician Scholars Program at UCLA. She has performed numerous evaluations for the Physicians for Human Rights Asylum Network.

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I continue to think that the bipartisan Goverment funding bill was not the right place to deal with the “New American Gulag.” But, Democrats should “keep hammering” on this important “below the radar screen” issue. Making an oversight record of the many abuses, false narratives, cover-ups, and lies underlying the Gulag should be a high priority.

What meaningful civil immigration detention reform could look like:

  • A “hard cap” probably in the area of 10,000 to 15,000 detention slots;
  • An end to private detention;
  • Enactment of strict standards governing the conditions of civil immigration detention;
  • A specific requirement for proper health and psychiatric care for those detained;
  • A bar on detention being used for “deterrence” or “punishment;”
  • Change in the law to permit all individuals in civil immigration detention to seek release on bond in U.S. Immigration Court (obviously, the Immigration Judges would retain the discretion to deny bond on the merits where warranted by the facts) with review by an Article III Court;
  • Periodic bond hearings every six months for those in “long-term detention;”
  • A requirement that access to counsel be a primary consideration in establishing immigration detention sites, and that pro bono groups and NGOs be consulted and given an opportunity to comment before any new immigration detention centers are established;
  • An end to the regulatory practice of allowing ICE Counsel to unilaterally block the order of a U.S. Immigration Judge pending appeal of a decision to release on bond (the Immigration Judge and the BIA would retain discretion to grant stays pending appeal, where appropriate, on application by ICE);
  • A statutory presumption in favor of ankle monitoring and other “alternatives to detention,” with physical detention being a disfavored, “last resort:”
  • Accountability for how detention dollars are spent and consequences for those in DHS and DOJ, including political officials, who violate or evade the law, including intentional falsification or misrepresentation of statistics, or who fail to implement the mandated reforms in a timely and reasonable manner.

Remember folks, these aren’t “beds,” or other “pieces of furniture;” these are fellow human beings, most of whose “offenses” consist largely of seeking to exercise their legal rights to fair treatment and Due Process under our laws and our Constitution!

PWS

02-25-19

PINOCCHIO 4.0: Stephen Miller Spews Forth Lies About Immigrants & Crime From White House Perch!🤥🤥🤥🤥

https://www.washingtonpost.com/politics/2019/02/21/stephen-millers-claim-that-thousand-americans-die-year-after-year-illegal-immigration/

The Washington Post’s “Fact Checker” Glenn Kessler reports:

“This is a deep intellectual problem that is plaguing this city, which is that we’ve had thousands of Americans die year after year after year because of threats crossing our southern border.”

— Stephen Miller, senior adviser to President Trump, in an interview with “Fox News Sunday,” Feb. 17, 2019

This article has been updated with a comment from the White House

Miller slipped this line in the final seconds of his contentious interview with host Chris Wallace over President Trump’s emergency declaration to fund a wall along the southern border, so some viewers might have missed it. But it’s an astonishing statement, suggesting that undocumented immigrants kill thousands of Americans every year.

The White House did not respond to a query concerning Miller’s math, but other anti-immigration advocates have made similar claims. Rep. Mo Brooks (R-Ala.) claimed in December that there are “thousands of Americans who are dead each year because [of] the Democrats’ refusal to secure our borders.” President Trump claimed in 2018 that 63,000 Americans have been killed by illegal immigrants since the Sept. 11, 2001, attacks, which works out to about 3,700 a year.

But there is no evidence these claims are true. In fact, the available evidence suggests these claims are false. This is a good example about how a paucity of data allows political advocates to jump to conclusions.

The Facts

First, some context: There is no nationwide data set on crime committed by undocumented immigrants, so researchers have tried to tease the answer from less-than-complete data. Yet study after study shows that illegal immigration does not lead to increased crime, violence or drug problems. In fact, the studies indicate that undocumented immigrants commit crimes at lower rates than native-born Americans.

A 2018 study published in the peer-reviewed journal Criminology, led by Michael Light, a criminologist at the University of Wisconsin at Madison, examined whether places with higher percentages of undocumented immigrants have higher rates of violent crime such as murder or rape. The answer: States with larger shares of undocumented immigrants tended to have lower crime rates than states with smaller shares in the years 1990 through 2014. Similar results were found in another peer-reviewed study by the same researchers that looked at nonviolent crime, such as drug arrests and driving under the influence (DUI) arrests.

Similarly, the libertarian Cato Institute in 2018 looked at 2015 criminal conviction data among undocumented immigrants in Texas — one of the few states to record whether a person who has been arrested is in the country illegally or not. Researcher Alex Nowrastehfound that criminal conviction and arrest rates in Texas for undocumented immigrants were lower than those of native-born Americans for homicide, sexual assault and larceny.

“As a percentage of their respective populations, there were 50 percent fewer criminal convictions of illegal immigrants than of native-born Americans in Texas in 2015,” Nowrasteh wrote. “The criminal conviction rate for legal immigrants was about 66 percent below the native-born rate.”

In 2015, there were 785 total homicide convictions in Texas. Of those, native-born Americans were convicted of 709 homicides (a conviction rate of 3.1 per 100,000), illegal immigrants were convicted of 46 homicides (2.6 per 100,000), and legal immigrants were convicted of 30 homicides (1 per 100,000). In other words, homicide conviction rates for illegal and legal immigrants were 16 percent and 67 percent below those of native-born Americans, respectively.

Some advocates of restraining immigration have sought to make the case that undocumented immigrants commit more crimes by relying on data from the State Criminal Alien Assistance Program (SCAAP), a federal program that offers states and localities some reimbursement for the cost of incarcerating certain criminal non-U. S. citizens. The Government Accountability Office (GAO) in July issued an updated report on SCAAP data, but GAO (and SCAAP) only counts total incarcerations, not individuals. Thus the numbers are not helpful for drawing conclusions about the criminality of undocumented immigrants.

In other words, the available research indicates that, when compared with U.S. citizens, illegal immigrants commit fewer crimes. But we understand that some people might argue that any crime committed by an illegal alien is one too many. Miller is involved in a counting exercise — thousands of deaths that in theory would not otherwise have happened if the undocumented immigrant had not set foot on U.S. soil.

But the available evidence does not support a count of thousands of deaths a year, either.

Nowrasteh pointed The Fact Checker to the Texas data. For the five years from 2014 through the end of 2018, there were 200 homicide convictions of illegal immigrants. We’ll assume each conviction represents one person, although, of course, someone could have been convicted of multiple murders.

According to the Department of Homeland Security Estimate of the Illegal Alien Population Residing in the United States in January 2015, there were 1.9 million illegal residents in Texas, or about 16 percent of the 12 million undocumented immigrants estimated by the agency nationwide. If one assumes that the homicide conviction rate is the same across the country — admittedly a big assumption — then that adds up to 1,250 homicide convictions over a five-year period, or 250 a year.

In the same five-year period, there were about 75,000 murders in the United States. The United States has a 70 percent conviction rate for murder, according to the Bureau of Justice Statistics, so that translates to illegal immigrants accounting for about 2.3 percent of homicide convictions from 2014 to 2018 while accounting for about 3.8 percent of the population.

Miller said “thousands of Americans” die each year. People tend to murder who they know and live with, so odds are many of these 250 or so murders are of other illegal immigrants, not Americans.

While the White House did not respond to a query about where Miller got his calculation, we should note that Brooks has justified his figure by citing people “murdered by illegal aliens, vehicular homicides by illegal aliens, or the illegal narcotics that are shipped into our country by illegal aliens and their drug cartels.”

That slippery wording can be used to justify just about any American death from heroin. But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report.

Miller spoke vaguely about “threats crossing our southern border,” adding: “We have families and communities that are left unprotected and undefended. We have international narco terrorist organizations.” The clear implication, especially with the use of the word “terrorist,” was that people were being murdered. Adding drug deaths to the total is not justifiable given that Trump’s proposed wall would not stem the flow of drugs.

There’s a website of victims that says it’s “in honor of the thousands of American citizens killed each year by Illegal Aliens.” There are entries as recently as January, but fewer than 300 people are listed even though entries date as far back as 1994. The anecdotal stories are moving, but one would expect a much longer list if thousands of people were really killed each year.

Update, Feb. 22: A day after this fact check was published, we received the following statement from White House Principal Deputy Press Secretary Hogan Gidley:

“Stephen Miller’s comment is 100 percent correct because, sadly, thousands die every year from threats crossing our Southern Border. In the last two years alone, ICE arrested criminal aliens charged or convicted of approximately 4,000 homicides (and those are only the offenders authorities could track down). Three hundred Americans die every week from heroin overdoses – 90 percent of which enters from the Southern Border – and that horrific number doesn’t even take into account deaths from cocaine, fentanyl and meth pouring across at record amounts. This is a dangerous and deadly situation that needlessly kills thousands of Americans every single year – and while the sad statistical truth may not aid the Washington Post’s political agenda, the fact remains.”

(Regular readers know that this 4,000 figure is misleading in this context. It conflates charges and convictions, and there is no indication how long ago homicides may have taken place. As we noted, most drugs come through ports of entry.)

The Pinocchio Test

Miller is the senior presidential adviser responsible for immigration policy in the White House, so it’s especially important for him to stick to verifiable facts on such an important issue. There’s no evidence that thousands of Americans are killed by undocumented immigrants, especially in light of credible studies showing they commit crimes at lower rates than native-born Americans. He earns Four Pinocchios.

Four Pinocchios

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“Fact checking” Trump, Miller, and the rest of the “Band of Liars,” particularly on immigration issues, must be more than a full-time job. But, as shown by the Mueller investigation, lying early and often, and then “lying about lying,” appears to be a “standard business practice” for Trump and his cronies.
Migrants, whether documented or undocumented, are not a threat to our national security. But, Trump & Miller are a “clear and present danger.”
PWS
02/25/19

MARIA SACCHETTI @ WASHPOST: Substantial Majority Of Those Migrants Detained in Trump’s “New American Gulag” Have No Criminal Record!

tohhttps://www.washingtonpost.com/national/when-trump-declared-national-emergency-most-detained-immigrants-were-not-criminals/2019/02/22/a332480e-36ad-11e9-a400-e481bf264fdc_story.html

Maria writes:

Before President Trump declared a national emergency on the U.S. southern border on Feb. 15, he cited concerns that the United States was being flooded with murderers, kidnappers and other violent offenders from foreign countries.

According to new U.S. Immigration and Customs Enforcement figures obtained by The Washington Post, the nation’s immigration jails were not filled with such criminals. As of Feb. 9, days before the president’s declaration, nearly 63 percent of the detainees in ICE jails had not been convicted of any crime.

Of the 48,793 immigrants jailed on Feb. 9, the ICE data shows, 18,124 had criminal records. An additional 5,715 people had pending criminal charges, officials said, but they did not provide details. ICE also did not break down the severity of the crimes committed by or attributed to detainees.

“It proves this is a fake emergency,” said Kevin Appleby, policy director at the Center for Migration Studies, a New York-based nonpartisan immigration think tank. “It really shows that what the president’s doing is abusing his power based on false information.”

. . . .

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Read Maria’s complete article at the above link.

We know that most of the migrants held in the “New American Gulag” (“NAG”) are neither security threats nor realistic dangers to our communities. From my experience many of those held because they are “criminals” have either relatively minor offenses (e.g., driving without a license) or even if the offenses were more serious have long ago completed criminal sentences and have been free in society without recurring problems.

So, why are the “non-criminals” being held in the NAG? Well, DHS would say it’s because they are threats to “abscond” before hearings, citing highly questionable “self-fulfilling” numbers opaquely generated by EOIR and DHS. But outside studies of DHS and EOIR statistics have shown a much different picture.

Individuals with lawyers and applications filed, particularly for asylum, who have the system and their obligations thereunder carefully explained to them in their own language, show up almost all the time for Immigration Court.

Likewise, migrants released on moderate bonds (in the $1.5 to $5K range — much lower than the current “national average”) also appear with regularity, as do those with ankle monitors and other “alternatives to detention.”

Thus, a reasonable Administration genuinely interested in the integrity of the Immigration Court process would severely curtail the use of civil immigration detention, particularly by private entities, which is both wastefully expensive and inhumane.

Instead, they would rely on a proven combination of lower-cost, more humane, and due process promoting alternatives:  getting applicants matched with lawyers, pro bono, low bono, or paid; encouraging individuals to locate in communities where lawyers, family resources, and NGOs are available; and using reasonable bonds, ankle monitors and other types of “call in monitoring” to help insure appearance at further hearings.

An improved Immigration Court system where all judges were uniformly fair, impartial, and courteous to applicants and their lawyers, and where asylum was granted more generously in accordance with the standards set forth in the Refugee Act of 1980, the Supreme Court’s decision in INS v. Cardoza-Fonseca, the BIA’s precedent in Matter of Mogharrabi, and the regulations establishing a strong presumption of future persecution for those who have been persecuted in the past would also help.

Hope tends to draw people. Hostility and bias understandably tend to repel them. As long as we have a U.S. Immigration Court that tolerates, and even aids, abets, and encourages, some biased, anti-asylum, unprofessional judges in the “Jeff Sessions mode” who deny asylum at rates exceeding 90%, it will lack credibility.

Without credibility and a demonstrable commitment to fairness, impartiality, and due process above the DHS’s and the Administration’s often questionable and other times downright bogus “enforcement priorities,” the system will continue to fail our country, inflict unjustifiable harm and suffering on the most vulnerable among us, and indirectly harm every one of us who believes in Constitutional Government and a firm commitment to respecting human rights. Critical examination of the Government’s positions against a rigorous standard of legality, reasonableness, and fundamenal fairness under the Due Process Clause of the Fifth Amendment to our Constitution is essential to an independent judiciary. It isn’t happening in today’s “captive” Immigration Courts. That’s a national disgrace that must be fixed.

PWS

02-23-19

INTERNATIONAL RESCUE COMMITTEE: YOU DON’T NEED A LAW DEGREE TO KNOW THIS SIMPLE TRUTH: Seeking Asylum In The U.S. Is Legal; Turning Away Asylum Seekers Is Not!

https://www.rescue.org/article/fact-check-what-national-emergency-do-we-need-wall

Behind the headlines

Fact check: What is the national emergency? Do we need a wall?

At the same time vulnerable families are reportedly being returned across the border to wait for their asylum claims to be processed, under a new administration policy called “Remain in Mexico.” Rather than make America safer, these policies will expose Central American children and families who have fled persecution, torture and violence to even more danger and uncertainty. Here’s what you need to know:

There is no national emergency at the border.

The number of irregular border crossings is actually at historic lows, according to Customs and Border Patrol figures. “This is clearly a manufactured ‘emergency,’” says Jennifer Sime, senior vice president, U.S. Programs for the International Rescue Committee.

The crisis is elsewhere.

The real crisis is the instability in Central America, which is forcing people to flee for their lives. People living in Honduras, Guatemala and El Salvador are enduring some of the worst violence outside an active war zone. Many of those fleeing to the U.S. border have traveled together in caravans for safety.

A Central American girl holds a book as others traveling in a caravan climb the Mexico-U.S. border fence in an attempt to cross to San Diego County.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people and the right to seek asylum.

Photo: ​​GUILLERMO ARIAS/AFP/Getty Images

But rather than offering safe haven, the U.S. administration continues to block people from claiming asylum, separate families as part of its ‘zero tolerance’ effort, and forcibly return asylum seekers to Mexico as part of the ‘Remain in Mexico’ policy.

Seeking asylum is legal. Turning away asylum seekers is not.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people—including Central American refugees and asylum seekers—and the right to seek asylum.

The administration’s policies violate these laws, and rob asylum seekers of their due process rights, including access to legal counsel. They will also expose thousands of families and children to unsafe conditions.

IRC staff who have been in Tijuana say people awaiting asylum claims, and those helping them, are fearful as they face a credible risk of being targeted by violence. “They have called the idea of sending people back appalling, and sending children in particular, unthinkable,” says Jennifer Sime.

The emergency declaration harms America

The emergency declaration and systematic attacks on asylum seekers by the U.S. administration place some of the most vulnerable people on earth in harm’s way. Alongside reports of forcibly returned children, they fatally undermine the United States’ strategic leadership and moral clarity on humanitarian issues.

Read our full statement:  IRC responds to U.S. Emergency Declaration, reports of forcible return of children to Mexico (Feb. 15, 2019)

How the IRC helps

The International Rescue Committee is calling on the U.S. administrationto rescind this cruel and irresponsible policy, follow domestic and international law, and uphold America’s humanitarian commitments.

In addition to speaking out, the IRC provides emergency assistance to help those in El Salvador who are most at risk to find shelter and safety, as well as cash assistance to help people rebuild their lives.

In the U.S., the IRC will continue to help meet asylum seekers’ basic needs, facilitate family reunifications, connect people to critical legal services and help them access psychosocial support.

Stand with asylum seekers

Instead of receiving the welcome and protection they need, families fleeing violence have had the door slammed in their faces when they reach the U.S.

 

Join the “New Due Process Army” and fight to uphold our laws and Constitution against a scofflaw and dishonest Administration.
PWS
02-24-19